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Order: (Per Smt.Dr.G.Radha Rani, Hon’ble President)

1. This appeal is filed by the Appellants/Opposite Parties aggrieved by the order dated 30.08.2022 passed by the District Consumer Disputes Redressal Commission, Warangal in CC.No.44/2021 in partly allowing the complaint filed by the Complainant and directing the Opposite Parties to pay Rs.5,00,000/- towards mental agony and deficiency of service and to pay Rs.10,000/- towards costs.

2. For the sake of convenience, the parties are hereinafter referred as arrayed before the District Commission as Complainant and Opposite Parties.

3.

(a) The case of the Complainant in brief was that, she was the owner and possessor of the house property bearing No.6-2-7/26/A, situated at Jangaon Town and District. She approached the Opposite Party No.1 and obtained loan of Rs.7,60,000/- by pledging all her original documents and other related link documents, building permissions etc. She discharged the entire loan with interest as on 05.10.2020. After discharge of the loan, the Complainant demanded the Opposite Party to return all her original title deeds, building permission etc., handed over to the bank. The Opposite Party dodged the matter on one pretext or other. Thereafter, on several reminders the Opposite Party bank informed on 17.11.2020 that all her original title deeds were burnt into ashes. The fire accident took place at Bombay, the Stock Holding Corporation on 11.11.2017 itself. It was shocking news to the Complainant. It was not even disclosed or informed to her about the alleged fire accident for about three years and kept it as a guarded secret.

(b) She further submitted that till discharge of the loan the rate of interest awarded by the Opposite Party bank was around 8% per annum, whereas the State Bank of India, Jangaon branch agreed to advance loan at 6.5% per annum. As such, she approached the State Bank of India, Jangaon branch and its field officer approached the Opposite Party bank and after confirming that the original title deeds were with the Opposite Party bank and that they would release the title deeds after discharge of the loan, sanctioned loan on 03.10.2020 and handed over D.D. for Rs.5,70,000/- directly to the Opposite Party bank. Thereafter, there was correspondence between the field officers of both the banks. The Opposite Party bank deliberately cheated and misrepresented the facts to the State Bank of India, Jangaon branch. Sometime after discharge of the loan, the Opposite Party bank informed about the alleged fire accident and that the entire documents of the Complainant were burnt into ashes. It was nothing but deliberate cheating, dereliction of duties, deficiency of service, carelessness, recklessness and negligence on the part of the Opposite Party bank and its officers.

(c) The Complainant further submitted that, in the said circumstances, the Complainant issued a demand legal notice to the Opposite Party bank to pay damages to a tune of Rs.25,00,000/- for loss of original title deeds, for its gross negligence which amounted to deficiency of service. A reply was given on 19.02.2021 denying negligence, deficiency of service and dereliction of duties. They further advised the Complainant to obtain certified copies from the concerned offices. The State Bank of India demanded the Complainant to repay the entire loan amount borrowed from their bank, due to non-production of the original documents. The Opposite Parties not only failed to return the documents but also created mental stress and strain, physical and financial harassment to the Complainant. Having no other go, or efficacious remedy available to her, the Complainant lodged the complaint seeking damages of Rs.25,00,000/- with accrued interest from the date of complaint till realization from the Opposite Party bank for its deficiency of service and to award costs.

4. The Opposite Party No.1 filed written version and the same was adopted by the Opposite Party No.2.